R v Elmir [2022] NSWDC 317

R v Elmir [2022] NSWDC 317

The offending was objectively very serious because the offender participated for nearly five months in a rolled-up offence involving two planned conspiracies to import very large commercial quantities of MDMA, cocaine and methamphetamine. He was not at the apex of the Dutch syndicate, but he was the lynchpin between the Sydney-based and Dutch-based syndicates, had autonomy and decision-making responsibility in pricing and logistics, and acted for substantial reward motivated by greed. The undercover operation did not materially reduce his moral culpability because he was willing to import substantial quantities and wanted smaller initial quantities only to test the door. Full-time...

Jurisdiction
Australia
Judgment Date
11 March 2022
Procedural Posture
Criminal Sentencing for Commonwealth Offence of Conspiracy to Import Commercial Quantities of Border Controlled Drugs / Sentence Following Plea of Guilty
Outcome
The offender was convicted and sentenced to a total term of 24 years' imprisonment, comprising a non-parole period of 14 years and an additional term of 10 years.
Legal Topics
['conspiracy to Import Commercial Quantities of MDMA, Cocaine and Methamphetamine' 'rolled Up Conspiracy Offence' 'undercover Police Operation' 'objective Seriousness' 'parity With Co Conspirator' 'utilitarian Value of Guilty Plea' 'extra Curial Punishment' 'delay' 'covid 19 Custody Conditions' 'prospects of Rehabilitation']
['criminal Law' 'sentencing' 'commonwealth Offences' 'drug Importation'] ['conspiracy to Import Commercial Quantities of Mdma, Cocaine and Methamphetamine' 'rolled Up Conspiracy Offence' 'undercover Police Operation' 'objective Seriousness' 'parity With Co Conspirator' 'utilitarian Value of Guilty Plea' 'extra Curial Punishment' 'delay' 'covid 19 Custody Conditions' 'prospects of Rehabilitation']

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Procedural Posture

Criminal Sentencing for Commonwealth Offence of Conspiracy to Import Commercial Quantities of Border Controlled Drugs / Sentence Following Plea of Guilty

Legal Issues

  1. 1 ['What sentence should be imposed for a rolled-up Commonwealth offence covering two conspiracies to import commercial quantities of border-controlled drugs' "Whether and to what extent the undercover operation and the role of undercover operative Zane reduced the offender's culpability" "How the offender's role compared with co-conspirator Mustafa Ibrahim for purposes of parity" "What mitigating weight should be given to the offender's guilty plea, background of deprivation and disadvantage, mental health, extra-curial punishment, delay and COVID-19 custody conditions"]

Ratio Decidendi

The offending was objectively very serious because the offender participated for nearly five months in a rolled-up offence involving two planned conspiracies to import very large commercial quantities of MDMA, cocaine and methamphetamine. He was not at the apex of the Dutch syndicate, but he was the lynchpin between the Sydney-based and Dutch-based syndicates, had autonomy and decision-making responsibility in pricing and logistics, and acted for substantial reward motivated by greed. The undercover operation did not materially reduce his moral culpability because he was willing to import substantial quantities and wanted smaller initial quantities only to test the door. Full-time...

Court Disposition

The offender was convicted and sentenced to a total term of 24 years' imprisonment, comprising a non-parole period of 14 years and an additional term of 10 years.

Orders

  • ['The offender is convicted.' "A non-parole period of 14 years' imprisonment is imposed, commencing on 8 August 2017 and expiring on 7 August 2031." "An additional term of 10 years' imprisonment is imposed." 'The total period of imprisonment is 24 years.']